Commissioner Biographies   Justice Lee A. Johnson became departmental justice for the Tenth Judicial District upon his appointment to the Kansas Supreme Court on January 8, 2007. Previously, he had been serving as a judge on the Kansas Court of Appeals since April 2001. Prior to becoming a judge, he practiced law for 21 years in a general practice office in Caldwell, beginning upon his graduation, Summa Cum Laude, from Washburn Law School in December 1979. Justice Johnson also served two years on active duty with the U.S. Army, Corps of Engineers, following his 1969 graduation from the University of Kansas with a degree in Business Administration, and then managed a multi-line, independent insurance agency for six years prior to law school. He served as Mayor of Caldwell from 1976 to 1977. Justice Johnson has been married since 1969 and has two children. Justice Johnson serves as Chair of the Commission by order of Chief Justice McFarland. He is a non-voting member. BACK Judge Karen Arnold-Burger was appointed to the Kansas Court of Appeals in 2011. She received a B.A. and a J.D. from the University of Kansas. She is a former Senior Assistant City Attorney for the City of Overland Park, a former Assistant United States Attorney for the District of Kansas and served for 20 years as a municipal judge for the City of Overland Park. She has taught continuing legal and judicial education courses on a variety of topics for several organizations and is a frequent lecturer at the National Judicial College. She is a graduate of the Institute for Faculty Excellence in Judicial Education at the University of Memphis. In 2000, she received the Barbara Award for excellence in judicial education from the Kansas Municipal Judges Association. Judge Arnold-Burger is also a former president of the Johnson County Bar Association and the Kansas Municipal Judges Association. In 2004, she received the Public Service Award from NHTSA at their annual meeting for her nationally recognized judicial outreach program on underage drinking, A Wrong of Passage. In 2006 she was honored by the Johnson County Bar Association with its highest honor, the Justinian Award. Judge Arnold-Burger currently serves as Secretary of the Commission. She was elected to the Commission by the 3,500 Kansas licensed lawyers that reside in Johnson County. Her term expires March 31, 2014. BACK Edna Baginsky, Psy.D., is a clinical psychologist, licensed in the state of Kansas, who is retired from clinical practice. She received her doctorate from the Illinois School of Professional Psychology in Chicago, IL. Most of her professional practice was in the Chicago area, with a primary focus on work with children in outpatient, hospital, and school settings. Dr. Baginsky has an interest in international travel, in hopes of improving communication in the areas of mental hetitleh, and advancing the cause of peace. She was part of a recent People to People mental hetitleh delegation to Vietnam and Cambodia, and has written a children’s book, “Kambu Finds a Home,” which is set in the temple ruins of Angkor Wat, Cambodia. She hopes that if this project is published, any profits could be used to benefit the cause of Cambodian women and children affected by domestic violence. Dr. Baginsky also serves on the board of the Kansas Zen Center in Lawrence, KS. She resides in Olathe, KS, with her husband, a retired Treasury law enforcement officer. She was appointed by Second District Commissioner John Patrick Segale. Her term expires March 31, 2014. BACK Victor A. Bergman is a principal in the law firm of Shamberg, Johnson and Bergman Chtd. A 1975 graduate of the University of Kansas School of Law, Bergman has practiced law in Johnson County and the metropolitan area since then. He is a charter member, master of the bench, and former President of the Earl E. O’Connor (Kansas) Inn of Court, a fellow of the American College of Trial Lawyers, and has been named in every edition of the Best Lawyers in America since 1987. He has been an active member of several Bar Associations, including the Johnson County Bar Association since 1975, and has been elected by the Johnson County Bar Association 5 times (since 1988) to serve on the Tenth Judicial District Nominating Commission. His law practice is civil litigation with an emphasis on the representation of individuals and families in cases of serious injury or death. He was elected by the 3,500 Kansas licensed lawyers that reside in Johnson County. His term expires March 31, 2012. BACK Charles German practices litigation exclusively with the firm Rouse Hendricks German May, PC. His practice is focused in the areas of financial transactions, corporate governance, capital markets, professional liability, and white collar criminal defense. He was recognized as “Best of the Bar” for commercial litigation 2002-2007 in the Kansas City Business Journal’s annual survey of local lawyers. He is also listed in Best Lawyers in America for 2004-2007 in the area of commercial litigation. He served as president of the Kansas City Metropolitan Bar Association in 2007 and has served on the Missouri Supreme Court Task Force on Judicial Evaluation. He was elected by the 3,500 Kansas licensed lawyers that reside in Johnson County. His term expires March 31, 2012. BACK Steve Howe graduated from Washburn University with a Bachelor of Arts degree in both Criminal Justice and Political Science in 1985. Shortly after graduation, he entered Washburn Law School with a goal of becoming a prosecutor. This led to his internships in the office of then Kansas Attorney General Robert Stephan and in the Shawnee County District Attorney’s Office. Steve graduated from the Washburn University School of Law in 1988. Following graduation, Steve hones his prosecutorial skills as an assistant district attorney in Shawnee County. In 1991, he became an assistant district attorney in Johnson County, where for 15 years he prosecuted a myriad of cases touching on virtually all aspects of criminal law. After 18 years as a prosecutor, Steve left the Johnson County District Attorney’s Office in early 2007. Steve entered private practice with The Jones Law Firm in Overland Park, Kansas, tackling a wide variety of litigation. He continued in this capacity until his election as Johnson County District Attorney in November 2008. Steve is a widely recognized expert in the prosecution of those who abuse dependent and elder adults. His expertise in this area led to appearances before the Kansas Legislature while spearheading the successful passage of legislation protecting the most vulnerable in our community. Steve resides in Shawnee with his wife, Cyndi, and their four children. He was elected to the Commission by the 3,500 Kansas Licensed lawyers that reside in Johnson County. His term expires on March 31, 2015. BACK Vivian Jennings, is the Founder & President of Rainy Day Books, Inc., Kansas City's community bookseller, and the oldest independent bookstore in the Kansas City metropolitan area. Since 1975 Vivien has led Rainy Day Books in promoting a Legacy of Literacy throughout Kansas City. She served on the Kansas Supreme Court Nominating Commission from 2004-2008. Vivien serves on the Advisory Council for Reach Out and Read Kansas City, a bi-state coalition of 47 sites, having helped found the project by providing support at cost for the initial launch period of almost two years. She was the Keynote Speaker for their Green Eggs and Ham Breakfast in 2010. Rainy Day Books served as a partner in the Hooked on Books Project collaboration between The Kansas City Star and the Junior League of Kansas City for five years, collecting books for the project all year long. Vivien served on the Advisory Council for Saint Luke's Breast Cancer Center, and personally helped them build a substantial library that is available to patients on a lending basis for information and support in their fight against breast cancer. In 2010 Vivien was selected to be an Official Pinker for Breast Cancer Awareness Month. Vivien has been a continuing partner for Speaking of Women's Health, which now annually raises awareness for 2000 women over two days. She was a founding retailer and continues to be a partner for the annual Books & Boutiques fundraiser for Saint Luke's South. She has served on The Coterie Theatre Board. She has been honored for her service with a Named Award by The UMKC Women's Council for their Graduate Assistance Fund. Vivien has been nominated for national Bookseller of the Year by the American Booksellers Association, on whose Advisory Council she has served. Rainy Day Books has also been recognized by Fortune Small Business as a Winning Workplace. Rainy Day Books has served as a case study for the Entrepreneurial Program at the Block School of Business at University of Missouri-Kansas City (UMKC), which included students from UMKC, University of Kansas (KU), and Rockhurst University. The case study was subsequently published in a textbook which is used nationwide in business curricula at many leading colleges and universities. The study focuses on how independent businesses have adapted and compete with national and online competitors. Vivien was a speaker in 2008 for the Entrepreneurs Speakers Program (ESP) at the UMKC Institute held at the Polsinelli Law Firm. Vivien is a regular source for information on books and publishing for mainstream media, notably including NPR, The New York Times, The Wall Street Journal, and USA Today. Vivien has also been a consultant and packager for the major publishers, and consults on retail trends and strategies for major corporations. Vivien was honored by the Kansas City Business Journal as one of the "Top 25 Women Who Mean Business" in 2001," and was named "Business Executive of the Year" in 2002 by Rotary Club No. 13 of Kansas City, Missouri, the first woman to be so honored. She has twice been honored with the Firehouse Award for her service to The Central Exchange. In 2008 Vivien received the Pinnacle Award for Excellence in Literacy and Education from the Johnson County Library Foundation. Rainy Day Books was recognized as one of the Top 25 Under 25 winners for 2009 by KC Small Business Magazine. Through many of the Rainy Day Books community Author Events, Vivien has supported countless local charitable and civic organizations in raising both funds and awareness. Her term expires March 31, 2012. BACK Michelle Kinzer grew up in Rockford, Michigan (a suburb of Grand Rapids) and is the daughter of a retired judge. She is the eldest of 12 children. She is a graduate of Wheaton College in Wheaton, Illinois where she received a Bachelor's degree in Mathematics and Teaching. She and her husband, an Olathe native, moved to Olathe in 1998. Michelle has been teaching in the Olathe schools since 1999, first as a substitute teacher and for the last 4 years as a full-time Algebra and Pre-Algebra teacher at Chisholm Trail Junior High . She is an active member of Redeemer Presbyterian Church. She served as a precinct committee woman for several terms. Her husband is an attorney who also serves in the Kansas legislature. They have two children. Michelle also enjoys running, biking and the beach. She is currently serving her 2nd term on the Commission. She was appointed by Sixth District Commissioner John Topliker. Her term expires March 31, 2015. BACK Richard Merker has been practicing law for more than 37 years. He is licensed to practice law in Kansas and Missouri. His practice focus is on civil litigation with an emphasis on medical and dental professional liability, products liability, premises liability, complex insurance issues and damage to credit standing matters. He has tried in excess of 200 jury cases in the states of Kansas and Missouri. In 1996 and 1999 he was a finalist for a Kansas State District Court judgeship. He has consulted extensively as an expert witness for the defense in attorney malpractice litigation and other insurance related matters. He has been appointed by the courts as a Pro Tem judge, Special Master, Mediator, Guardian Ad Litem and Special Counsel to the Johnson County Grand Jury. He handles private mediations. He has been a speaker on numerous occasions to Bar Associations and to local and state dental groups including The Kansas Dental Association. He speaks annually as a guest lecturer at UMKC Law School on risk management to law school seniors. In 2000, he was awarded the Defense Attorney of the Year Award from AAOMS National Insurance Company. He has been awarded the Continuing Excellence Award by OMSNIC (formerly AAOMS) each presentation year since 2002. Mr. Merker has been rated “AV” by Martindale-Hubbell for more than 30 years. He was elected to the Commission by the 3,500 Kansas Licensed lawyers that reside in Johnson County. His term expires on March 31, 2015. BACK Dr. Janis McMillen earned a BS in Biology from Trinity University in San Antonio, Texas and a PhD in Microbiology from the University of Kansas. Her professional career has spanned 30-years starting in the animal hetitleh industry, as a Research Scientist and advancing in management to Vice President, Product Development and Regulatory Affairs. She is currently a consultant in Product Development/Regulatory Affairs. Dr. McMillen is also extensively involved in the community, serving in several leadership capacities for the League of Women Voters, both locally and nationally. She has served on the KCPT-TV Community Advisory Board, has held leadership positions in the MAINstream Coalition and currently serves on the Board of Directors of United Community Services of Johnson County. Dr. McMillen was appointed by Fourth District Commissioner Ed Eilert. Her term expires March 31, 2012. BACK Judge Kevin Moriarty is a graduate of Washburn Law School and also has a Masters in Public Administration from the University of Kansas. He was appointed to the bench in 2004. He served as an Assistant District Attorney in Johnson County for 5 years and was engaged in the private practice of law for 9 years prior to his appointment. He has served on the Johnson County Bar Association Ethics Committee for 17 years, investigating complaints against lawyers. He currently serves on the Board of Trustees for the Johnson County Bar Foundation. He has three children. He was elected by the 3,500 Kansas licensed lawyers that reside in Johnson County. His term expires March 31, 2012. BACK Terry P. Presta is the President of Presto Conveniences Stores. He is the president elect of Petroleum Marketers and Convenience Store Association of Kansas (PMCA) and is past Chairman of ConocoPhillips Marketers National Advisory board. Terry was a State Representative from the 123rd district from 1995-1998 and was the Vice Chair of the Judiciary from 1997-1998. Terry went through the Kansas Chamber of Commerce Leadership Kansas in 1992 and was then on the LK board of directors from 1992-1998. Terry and his wife have four children and live in Overland Park. He was appointed by Third District Commissioner David A. Lindstrom. His term expires March 31, 2014. BACK Marcia Rineharthas been a community volunteer for many years. In the past, some of her service has included the Leawood City Council (1978-1984), Mayor of Leawood (1987-1997), the Johnson County Library Board of Directors (1985-1993), and the Johnson County Parks and Recreation Board of Commissioners (1999-2002). She was a member of the Johnson County Community College Foundation Board of Directors (1997-2009) and has also served on the boards of several other groups, including her church. She is a member of Leadership Kansas, Class of 1994. Marcia earned a B.A. in French and a B.S. in Education, both from KU, and a Master of Arts in Romance Languages from UMKC. She is married and has three adult children and three grandchildren. Marcia has served on the 10th Judicial District Judicial Nominating Commission since 2003. She is an appointee of BOCC Chairman Ed Eilert. Her term expires March 31, 2015. BACK Lee M. Smithyman, Overland Park, practices corporate and insurance litigation with Smithyman & Zakoura, Chartered. He earned his Bachelor of Science from Carnegie-Mellon University in 1970. In that year, he also received his Masters Degree from Carnegie-Mellon's Tepper School of Business. After serving four years as an Army officer in the Air Defense Artillery, he returned to Washburn University School of Law where he graduated Cum Laude in 1976. Mr. Smithyman is admitted to practice in Kansas, Missouri, the U. S. District Courts in Kansas and Missouri, the Tenth Circuit Court of Appeals, U. S. Tax Court, and the U. S. Supreme Court. He is a member of the Wyandotte County, Johnson County and Kansas Bar Associations. He is a certified arbitrator and mediator with the American Arbitration Association, and is board certified in civil litigation by the National Board of Trial Advocacy. He is a Master Emeritus with the Earl E. O'Connor American Inn of Court, is a member of the Johnson County Ethics Committee and has served as a member-at-large with the Kansas Board of Discipline. He has received the Missouri & Kansas Super Lawyer designation in business litigation each year since 2005, and enjoys a Martindale- Hubbell AV rating. He was elected by the 3,500 Kansas licensed lawyers that reside in Johnson County. His term expires March 31, 2012. BACK Jacob Swisher is a lifelong resident of Johnson County and active member at Westside Family Church. He assists people in financial awareness through Dave Ramsey’s Financial Peace University and tries to set an example in his life for others to follow. He is a small business owner of Mission IV that focuses on accounting and business planning. Using his education background in helping other small businesses he is hired to help them increase the leadership of the business, integrity, and eventually the financial gain. Jacob was appointed to the Commission by District Five Commissioner Doug Wood. His term expires March 31, 2012. BACK